Should Genes Be Patented? Essay

1603 words - 7 pages

Should Genes be Patented?
Patenting genetic discoveries have proven to be controversial throughout the years. There are now patents that are associated with many of the genes within the human genome. Patents are issued to encourage innovation and protect those investing in genetic research the opportunity to maximize profit. During this period, another party can use the discovery to develop a product only with a licensing agreement; however, basic researchers can use it freely. Some argue that this period of exclusivity fosters commercial development of the discovery by discouraging competition. Yet the patenting of genes is not without controversy. Some reject the entire concept of ...view middle of the document...

The main purpose of patenting genes is to provide an incentive for full disclosure so that others can learn about the gene, use it after patent expiration, and/or try to discover new genes using the patented gene as a starting point for discovery. According to William A. Haseltine, “the patent system is thus structured and administered to assure the rapid and open dissemination of new knowledge, encourage innovation, and promote commerce.” Discovering and developing new gene-based medicine requires years of commitment and immense capital resources. According to University of Melbourne professor Andrew Christie, “if we ban the patenting of genes, we will remove the incentive for people to invest.” Without the possibility of regaining investment that is offered by patents, no biotechnology company would be able to raise the financing necessary to develop vital products. With this being addressed, many believe allowing genes to be the subject of patents will not stifle research or prevent beneficial therapies from reaching the general public. Allowing genes to be protected under patent law is believed to encourage private investment in bringing therapies to market, and with the acceleration of this science, inventive steps should increase and lead to a precisely defined process to patent genes. Debate will continue over the patent status of gene sequences, but the arguments will most likely be about utility and claims rather that inventiveness.
The main issue with gene patents is that on average, a patent costs about $10 million per patent, takes about five years to process, and ultimately inhibits future developments in medicine (“Intellectual Property and Genetics”). As the risks to infringe existing patents grow, pharmaceutical industries are forced to specialize in particular fields, therefore increasing costs for litigation concerning the patents and impeding research activities. Although some would argue that not patenting genes would prevent new drugs from being created, there are patents that could be placed on formulating the proteins or synthesizing variations once they are discovered instead of the gene itself (“Patenting Life”). By doing this the gene would not need to be patented, and in turn the cost of the drugs could be kept at a lower rate because there would be less licensing fees that would need to be paid for. However, if this is not considered, a price increase would result. This price increase can prevent the drugs from spreading to the public by creating high rates of return since most people will be unable to afford the increase in price, regardless of how vital the drug is to them or a family member. If this occurs, a serious road block to innovations in drug discovery research would result; this would ultimately lead to a higher mortality rate, higher morbidity from diseases, and slow down or cripple innovations in personalized medicine. Furthermore, patent holders have the right to ask that drugs be withdrawn if they...

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